well construction and water rights: beyond the · well construction and water rights: beyond...

35
Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting April 20, 2017 Darrick Boschmann, RG Hydrogeologist Oregon Water Resources Department

Upload: haxuyen

Post on 07-Mar-2018

227 views

Category:

Documents


5 download

TRANSCRIPT

Page 1: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Well Construction and Water Rights: Beyond

Minimum Well Construction Standards

Harney Basin Groundwater Study

Advisory Committee Meeting

April 20, 2017

Darrick Boschmann, RG

Hydrogeologist

Oregon Water Resources Department

Page 2: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Introduction

FIRST THINGS FIRST

• This presentation covers some of the potential well

construction requirements that are specific to authorized

wells on water rights.

• Meeting the requirements of a water right is the responsibility

of the water right holder.

• The information provided here is intended to provide

guidance for drilling professionals to help their clients

understand and satisfy the conditions of their water rights.

Page 3: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Presentation Overview

• Groundwater application reviews - brief overview

• Standard permit conditions

• Additional permit conditions

• Transfers, permit amendments, deepenings & replacement

wells

• Resources for water rights information

Page 4: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Groundwater Reviews

Public Interest Presumption:

The Department shall presume that a proposed ground water use will ensure the preservation of

the public welfare, safety and health (OAR 690-310-130)

Page 5: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Groundwater Reviews

To issue a groundwater right the Department must find:

• The proposed use is allowed by the basin plan

• Water is available

• The proposed use will not injure other water rights

• The proposed use meets other rules of the Commission

Page 6: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Groundwater Reviews

To issue a groundwater right the Department must find:

• The proposed use is allowed by the basin plan

• Water is available

• The proposed use will not injure other water rights

• The proposed use meets other rules of the Commission

• OAR 690-310-140 allows the proposed use to be modified or

conditioned to meet the presumption

Page 7: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

• Standard Conditions:

• Well Locations

• Source Aquifer

• Well Construction

Standard Permit Conditions

Page 8: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Standard Permit Conditions

Well Locations

Page 9: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Standard Permit Conditions

Well Locations

• Application map:

Page 10: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Standard Permit Conditions

Well Locations

• Authorized legal descriptions from the application/permit:

Page 11: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Standard Permit Conditions

Well Locations

• Why this matters:

• Well locations are reviewed as proposed in the

application (unless otherwise conditioned)

• Interference with existing senior groundwater rights

• Interference with surface water rights

Page 12: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Standard Permit Conditions

Well Locations

• Why this matters:

• Interference with existing senior groundwater rights

• Interference with surface water rights

1

2

3

Existing Irrigation Well

Page 13: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Standard Permit Conditions

• Well Locations:

• Why this matters:

• Interference with

existing senior

groundwater rights

• Interference with

surface water

Page 14: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Standard Permit Conditions

Source and Construction

Page 15: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Standard Permit Conditions

Source and Construction

• Proposed well construction from application:

Page 16: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Standard Permit Conditions

Source and Construction

• Why this matters:

• Source and construction are reviewed as proposed in the

application (unless otherwise conditioned)

• Interference with existing senior groundwater rights

• Interference with surface water rights

• Water availability

Page 17: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Standard Permit Conditions

Source and Construction

• Why this matters:

1 2

3

Page 18: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Additional Permit Conditions

Several examples:

• Avoiding interference with senior groundwater and surface

water rights

• Defining aquifer stratigraphy

• Monitoring impacts in sensitive areas

• Many more…

Page 19: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Additional Permit Conditions

Well Construction Condition:

• Avoiding shallow groundwater/surface water interference.

Page 20: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Additional Permit Conditions

Cuttings Collection Condition:

• For characterizing aquifer stratigraphy.

Page 21: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Additional Permit Conditions

Observation Well Condition:

• For monitoring impacts of groundwater withdrawals in

sensitive areas.

Page 22: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Additional Permit Conditions

Some Notes on Observation Wells

Location approved by the department:

• Owner and driller work with department hydrogeologist to

determine the appropriate location prior to drilling

Case and seal same depth as production wells:

• Drill production wells first – then determine location and

construction of observation well

Page 23: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Transfers and permit amendments

To issue a groundwater transfer or permit amendment the

Department must find:

• The proposed change will use the same source aquifer as

the originally authorized well

• The change will not injure other water rights (groundwater or

surface water)

Page 24: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Transfers and permit amendments

• Same source

• Injury to existing groundwater and surface water

1 2

3

Page 25: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Well Deepenings

• Deepenings

• Same source?

1 2

Page 26: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Well Deepenings

• Deepenings

Well deepened

5/21/1993

Page 27: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

“Replacement Wells”

• Same source?

• Closer to surface water?

• Meets all conditions of original permit/certificate?

• It is always best to file for a permit amendment or

transfer before drilling replacement wells.

Page 28: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Conclusions

• Meeting the requirements of a water right is the responsibility

of the water right holder.

• Drilling contractors are often the first point of contact when

landowners begin to develop their groundwater right.

• Encourage your clients to read and understand their water

right permit before they drill any wells.

Page 29: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Resources for water rights information

• Water Rights Information Query:

• http://apps.wrd.state.or.us/apps/wr/wrinfo/

• Water Rights Mapping Tool:

• http://apps.wrd.state.or.us/apps/gis/wr/Default.aspx

• Contact the local Watermaster:

• http://www.oregon.gov/owrd/pages/offices.aspx#Waterma

ster_Offices

Page 30: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Thank You

Questions?

Darrick E. Boschmann, RG | Hydrogeologist – Groundwater Section _______________________________________________________________________________________________________________________________________________

Oregon Water Resources Department | Phone: 503-986-0853 725 Summer ST. NE., Suite A Salem OR 97301 | Fax: 503-986-0902

Page 31: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Thank You

Page 32: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Supplemental Slides

The use will not injure other water rights…

Division 09: Ground Water Interference With Surface Water 09-040: Determination of Hydraulic Connection and Potential for Substantial Interference

Page 33: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Supplemental Slides

Division 09-040: 1) Confinement and Hydraulic Connection

Page 34: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Supplemental Slides

Division 09-040: (4) If the gw resource is determined to be hydraulically connected to a sw source, the potential for substantial interference is assumed if: a) Less than ¼ mile from the surface water; or b) Rate greater than 5 cfs, less than 1 mi; or c) Rate greater than 1% of a senior instream right or the 80% determined or estimated stream discharge if less than 1 mile; or d) Greater than 25% stream depletion after 30 days of pumping if less than 1 mile

Page 35: Well construction and Water Rights: beyond the · Well Construction and Water Rights: Beyond Minimum Well Construction Standards Harney Basin Groundwater Study Advisory Committee Meeting

Supplemental Slides